Bulu Mallick v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5238 OF 2021 Bulu Mallick .........

Petitioner Mr. Amitav Tripathy, Adv.

-versusState of Odisha ............

Opposite Party Mr. K.K.Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

13.04.2022 Order No.

05.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the parties.

3.

The Petitioner is an accused in connection with G.R. Case No.37 of 2021 arising out of Banigochha P.S. Case No. 12 of 2021 on the file of learned Additional Sessions Judge-cumSpecial Judge under POCSO Act, Nayagarh, registered for the alleged commission of offence under Sections 376(2)(n) of the I.P.C. read with Section 6 of the POCSO Act.

4.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned Additional Sessions Judgecum-Special Judge under POCSO Act, Nayagarh, by order dated 23.06.2021, the present BLAPL has been filed. 5.

Learned counsel for the petitioner submits that with the intervention of the well wishers of both the parties the matter has

been settled and in fact the victim and the accused, the present petitioner have decided to marry.

6.

Taking into account of such submission, this Court directs the Petitioner shall be released on bail on such terms to be fixed by the court in seisin over the matter. 7.

It is open to the informant to seek cancellation of bail in the event it is found that the assertion relating to settlement as made by the Petitioner is not correct.

8.

Accordingly, the BLAPL stands disposed of.

9.

Issue urgent certified copy of this order as per Rules. ( V.Narasingh ) Judge Dhal